Delhi riots: Court frames charge of ‘attempt to murder’ against man who pointed gun at police.
Highlight
- Picture of Shahrukh Pathan pointing a gun at Delhi Police Head Constable Deepak Dahiya surfaced
- He was arrested on March 3, 2020 and is currently lodged in Tihar Jail
- Additional Sessions Judge said, it was absolutely clear that Pathan led the group of rioters
A Delhi court has framed charges of rioting and attempt to murder against Shahrukh Pathan, who allegedly pointed a gun at a police officer during the 2020 Delhi riots, while rejecting his plea seeking dismissal. Had given.
During the communal riots last year, a picture of Pathan pointing a gun at Delhi Police head constable Deepak Dahiya had surfaced on social media. He was arrested on March 3, 2020 and is currently lodged in Tihar Jail.
While framing the charges, Additional Sessions Judge Amitabh Rawat observed that it was absolutely clear that Pathan had led a group of rioters attempting on Dahiya’s life, obstructed and used criminal force on a public servant on February 24, 2020. used.
The judge charged Pathan under IPC sections 147 (punishment for rioting), 148 (rioting armed with deadly weapon), 186 (obstructing public servant in discharge of duty), and 188 (disobedience to order duly promulgated by public servant). Was accused.
Charges were also framed under IPC sections 353 (assault), 307 (attempt to murder) read with sections 149 (member of unlawful assembly of a common offence) and various sections of the Arms Act, in which he pleaded not guilty. Requested and claimed test.
Pathan had sought acquittal of IPC sections 307 (attempt to murder) and 188 (disobedience to order duly promulgated by public servant) on the ground that he had no intention to kill police and was unaware that CrPC Section 144 was in force. ,
Section 144 of CrPC prohibits the assembly of four or more people in a specific area.
Denying relief, ASJ Rawat said the police “intent to kill” was clearly ruled out by Dahiya’s statement that Pathan aimed and fired at his head but he managed to escape.
The judge further observed that the contention made by Pathan’s counsel that he did not attempt to kill the cop but only threatened him by firing in the air, cannot be a ground for acquittal in the face of Dahiya’s specific statement and video footage.
“Secondly, as per the video footage also, the accused raised his pistol (not sideways but straight) towards the victim, who is taller than him, but the direction of the pistol is definitely on the head of Head Constable Deepak Dahiya. , and even the point at which the trigger is pulled is aimed directly at Head Constable Deepak Dahiya,” the judge said in an order dated December 7.
“Usually after firing or pulling the trigger, a blow occurs, and the blow causes the arm and pistol to rise. Thus, even the video shows a pistol being fired by accused Shahrukh Pathan in broad daylight with an aim to kill Head Constable Deepak Dahiya,” he said.
The judge also objected to the argument of the counsel for the accused that after the first firing, Pathan had a second chance to kill Dahiya, but it did not happen as he had no intention.
Judge Rawat observed that the incident happened in a jiffy and to dilute the valor of a brave policeman by arguing that the act of leniency of the accused in not killing the policeman was neither justified nor legally justified.
Denying acquittal under Section 188 of the Indian Penal Code, the judge observed that it is not a common case of groups committing an unlawful act, but such riots which have not been witnessed since the 1984 anti-Sikh riots. and hence, knowledge of section 144 of CrPC can be inferred.
Pathan had argued that the promulgation order under Section 144 of CrPC was not brought to his notice and hence, Section 188 of IPC is not struck out.
The judge, however, said, “Once the proclamation order comes into force, the knowledge is considered with reference to the situation at that time.
Thus, charge under section 188 of IPC is made out.”
Justice Rawat further said that the discrepancies in Dahiya’s statement in the chargesheet and in some of the interviews will be looked into at the trial stage.
Besides Pathan, the judge also framed charges against four more accused in the case, Kalim Ahmed, Ishtiaq Malik, Shamim and Abdul Shehzad.
Communal clashes broke out in northeast Delhi in February 2020 after violence between supporters of the Citizenship (Amendment) Act and its protesters spiraled out of control, killing at least 53 people and injuring over 700.
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